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(영문) 인천지방법원 2014.09.26 2014고정2718
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 5, 2014, the Defendant was sentenced to one year of imprisonment with prison labor for an injury, etc. in the Incheon District Court's Busan District Court's Busan District Court's Busan District Court's Branch, and the judgment became final and conclusive on July 18,

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a vehicle BK5.

On December 9, 2013, the Defendant driven the said car under the influence of alcohol of 0.077% with blood alcohol concentration around 23:00 on December 23:0, 2013, and turned one lane out from the front side of the National Bank located in Gyeyang-gu Incheon Gyeyang-gu, Incheon, to the front side of the National Bank.

At the same time, the victim C(54 years old) drive stopped after the Defendant’s vehicle, and in such a case, the Defendant, engaged in driving of the vehicle, has a duty of care to see the front, rear, left and left well, and to accurately operate the steering gear.

Nevertheless, under the influence of alcohol, the Defendant neglected it, and caused the part of the vehicle behind the Defendant's driving by negligence, which led to shocking the front part of the damaged vehicle.

The Defendant, by occupational negligence, suffered from the victim E (V, 22 years of age) who is the above victim and the passenger of the victimized vehicle, respectively, a “infection sect,” which requires approximately two weeks of medical treatment.

2. Around December 22 and 55, 2013, the Defendant driving the said Defendant’s vehicle under the influence of alcohol with a blood alcohol concentration of 0.077% at a section of about 500 meters from the mutual unstable parking lot located in Gyeyang-gu Incheon Gyeyang-gu to the above accident site.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written statement of the occurrence of E traffic accidents;

1. Statement on the circumstantial statement of the employee;

1. Each written diagnosis for C and E;

1. Previous convictions in judgment: Results of case search, and application of three copies of judgment Acts and subordinate statutes;

1. The proviso to Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts;

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